Byrd v. Byrd
| Decision Date | 05 May 1981 |
| Docket Number | No. 808DC966,808DC966 |
| Citation | 51 N.C.App. 707,277 S.E.2d 472 |
| Court | North Carolina Court of Appeals |
| Parties | Edith Humphrey BYRD v. Donald Gary BYRD. |
Douglas P. Connor, Mount Olive, for plaintiff-appellee.
Fred W. Harrison, Kinston, for defendant-appellant.
Defendant contends that the trial court erred when it dismissed his notice of appeal. Specifically, he argues that the words of the district judge on pages 15-22 of the record were not such as to constitute the entry of a judgment.
G.S. 1A-1, Rule 58 defines the entry of judgment as follows: "... where judgment is rendered in open court, the clerk shall make a notation in his minutes ... and such notation shall constitute the entry of judgment...." The record before us indicates that the judgment in this case was "entered" in open court on 8 August 1980, and that the defendant and his counsel were present in court at the time the judgment of the court was stated. An appeal in a civil action, when taken by written notice, must be taken within ten days after entry of judgment. G.S. 1-279(c); Rule 3(c), N. C. Rules of Appellate Procedure. Here the judgment was entered 8 August and notice of appeal was given on 19 August. Since the ten-day period was exceeded, the appeal was properly dismissed.
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Gates v. Gates, 8322DC826
...that he did not intend to direct judgment in his oral order, even though the order effectively denied all relief. In Byrd v. Byrd, 51 N.C.App. 707, 277 S.E.2d 472 (1981), on the other hand, we upheld a dismissal even though the relief granted was complex and no specific direction appeared i......
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Patel v. Mid Southwest Elec., 8728SC572
...the date when oral notice of the judgment is given in open court. In re Moore, 306 N.C. 394, 293 S.E.2d 127 (1982); Byrd v. Byrd, 51 N.C.App. 707, 277 S.E.2d 472 (1981). This is provided in G.S. 1A-1, Rule 58 which provides in Subject to the provisions of Rule 54(b): Upon a jury verdict tha......